H.R.518 - California Desert Protection Act of 1994103rd Congress (1993-1994)
Summary: H.R.518 — 103rd Congress (1993-1994)
Passed House amended (07/27/1994)
TABLE OF CONTENTS:
Title I: Wilderness Additions
Title II: Death Valley National Park
Title III: Joshua Tree National Park
Title IV: Mojave National Preserve
Title V: National Park Wilderness
Title VI: Miscellaneous Provisions
Title VII: Definitions and Authorization of Appropriations
Title VIII: California Military Lands Withdrawal
Title IX: Buy American Act
Title X: Protection of Bodie Bowl
California Desert Protection Act of 1994 - Title I: Wilderness Additions - Designates as wilderness and components of the National Wilderness Preservation System specified lands in: (1) the California Desert Conservation Area (CDCA), the Yuma District, and the Bakersfield District of the Bureau of Land Management; (2) the Havasu National Wildlife Refuge, California; and (3) the Imperial National Wildlife Refuge, California.
(Sec. 109) Designates specified CDCA lands as the White Mountains Wilderness Study Area.
Title II: Death Valley National Park - Establishes the Death Valley National Park which subsumes the Death Valley National Monument.
(Sec. 208) Establishes an advisory commission to advise on the development of a management plan for the Death Valley National Park.
Title III: Joshua Tree National Park - Establishes the Joshua Tree National Park which subsumes the Joshua Tree National Monument.
(Sec. 308) Establishes an advisory commission to advise on the development of a management plan for Joshua Tree National Park.
Title IV: Mojave National Preserve - Establishes the Mojave National Preserve which subsumes the East Mojave National Scenic Area.
(Sec. 402) Establishes the Dinosaur Trackway Area of Critical Environmental Concern within the CDCA. Provides for the preservation of paleontological resources within such area.
(Sec. 405) Abolishes the East Mojave National Scenic Area.
(Sec. 412) Designates the Granite Mountains Natural Reserve within the Park.
(Sec. 415) Specifies that any lands acquired by the Secretary of the Interior under this title shall become part of the Preserve.
(Sec. 416) Establishes an advisory commission to advise on the development of a management plan for the Preserve.
Title V: National Park Wilderness - Designates as wilderness the Death Valley National Park Wilderness, the Joshua Tree National Park Wilderness Additions, and the Mojave National Preserve Wilderness.
Title VI: Miscellaneous Provisions - Directs the Secretary to transfer specified Red Rock Canyon State Park Additions in the CDCA to California.
(Sec. 602) Establishes the Desert Lily Sanctuary within the CDCA.
(Sec. 606) Directs the Secretary to insure access to the wilderness, parks, and preserve areas designated by this Act for traditional Indian cultural and religious purposes.
Directs the Secretary to study and report to specified congressional committees on lands suitable for a reservation for the Timbisha Shoshone Tribe that are located within the Tribe's aboriginal homeland area.
(Sec. 607) Reserves Federal water rights for wilderness areas designated by this Act.
(Sec. 608) Directs the Secretary, upon request, to enter into negotiations for an agreement to exchange certain Federal lands for California State School Lands and lands of a private landowner that are located within the boundaries of a wilderness area or park unit designated by this Act.
Title VII: Definitions and Authorization of Appropriations - Sets forth definitions. Authorizes appropriations.
(Sec. 703) Requires lands acquired pursuant to this Act to be appraised without regard to the presence of a species listed as endangered or threatened pursuant to the Endangered Species Act of 1973.
Title VIII: California Military Lands Withdrawal - California Military Lands Withdrawal and Overflights Act of 1994 - Withdraws from appropriation under public land laws, and reserves for defense-related purposes by the Secretary of the Navy, specified lands in California known as the China Lake Naval Weapons Center, Chocolate Mountain, and the El Centro Naval Air Facility. Withdraws such lands from appropriation under the mining and mineral leasing laws.
(Sec. 804) Directs the Secretary of the Navy to take necessary precautions to prevent and suppress brush and range fires occurring on such lands as a result of military activities.
Authorizes the Secretary of the Interior to assign management responsibility for the China Lake area to the Secretary of the Navy. Directs the Secretary of the Interior to be responsible for the issuance of any lease, easement, right-of-way, and other authorization with respect to any activity on the withdrawn lands.
Continues existing contracts for the development of geothermal resources at China Lake upon the expiration of the withdrawal or relinquishment of China Lake.
(Sec. 805) Terminates land withdrawals under this Act 15 years after this Act's enactment. Requires the Secretary of the Navy to publish a draft environmental impact statement on the continued or renewed withdrawal of lands under this Act.
(Sec. 806) Requires the Secretary of the Navy to maintain a decontamination program for such lands during their withdrawal.
(Sec. 807) Directs the Secretary of the Navy to apply for an extension of the withdrawal of such lands if there is a continuing military need. Requires the Secretary of the Navy to decontaminate relinquished lands, but if such decontamination is not practicable or economically feasible, authorizes the Secretary of the Interior to refuse to accept such lands. Requires the Secretary of the Navy to: (1) warn the public of risks of entry; (2) conduct only decontamination activities on such lands after the expiration of the withdrawal; and (3) report to the Secretary of the Interior and the Congress on the status of such lands.
(Sec. 810) Exempts the United States from liability for damages resulting from nonmilitary activity on withdrawn lands.
(Sec. 811) Directs the Secretaries of the Interior and Defense to monitor the effects of military overflights on the resources and values of the National Park and National Wilderness Preservation Systems designated by this Act and to attempt to resolve concerns, and minimize adverse impacts, related to such overflights.
(Sec. 812) Terminates all existing Bureau of Reclamation withdrawals made by secretarial and public land orders affecting public and Indian lands within the CDCA, with exceptions.
Title IX: Buy American Act - Prohibits funds made available in this Act from being expended in violation of the Buy American Act.
Title X: Protection of Bodie Bowl - Bodie Protection Act of 1994 - Prohibits the Bodie Bowl (California) from being available for any mineral mining, leasing, or disposal activities, except under valid existing claims. Directs the Secretary of the Interior to undertake an expedited validity review of all unpatented mining claims located within the Bodie Bowl. Prescribes limitations for the issuance of patents for mining and mill site claims on such lands.
(Sec. 1005) Directs the Secretary to require that mineral activities be conducted in the Bodie Bowl so as to: (1) avoid adverse effects on the historic, cultural, recreational, and natural resource values of the Bowl; and (2) minimize other adverse impacts to the environment.
Mandates reclamation of the effects of mining exploration by mining operators.
Exempts the holder of any unpatented mining or mill site claim within the Bodie Bowl from specified statutory expenditure and filing requirements. Declares that, in lieu of filing a certain affidavit of assessment work, such holder shall only be required to file a specified notice of intention to hold certain mining claims.
(Sec. 1006) Directs the Secretary to: (1) review possible actions to preserve specified characteristics of the Bodie Bowl; and (2) report to certain congressional committees recommendations to achieve such preservation.